Ordered, that the order is modified, on the law and the facts, by (1) deleting the provision thereof which granted that branch of the defendant's motion which was to set aside the jury's verdict with respect to the plaintiff's first cause of action, and substituting therefor a provision denying that branch of the motion and reinstating the verdict as to the first cause of action, and (2) deleting the provision thereof which granted a new trial on the plaintiff's second cause...
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